Allahabad High Court
Titu Singh vs State Of U.P. on 30 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 5981 of 2018
Appellant :- Titu Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Arvind Agrawal,Dileep Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State on bail application.
Perused the record.
By the judgement and order dated 21.8.2018 passed by IIIrd Additional District & Sessions Judge/Special Judge, Hamirpur in S.T. No. 145 of 2012, arising out of Case Crime No. 31 of 2006, P.S. Binwar, District Hamirpur, the accused-appellant has been convicted and sentenced for the offence under section 307 IPC, for seven years rigorous imprisonment and Rs.10,000/- fine, for the offence under section 323 IPC, for one year rigorous imprisonment and Rs.1,000/- fine and for the offence under section 504 IPC, for one year rigorous imprisonment and Rs.1,000/- fine. The sentence was directed to run concurrently.
Submission of learned counsel for the accused-appellant is that all the injuries were simple in nature. About injury no. 1 which has been said to be caused by fire-arm injury has been reported by the doctor in medical report that injury no. 1 may be caused by missed fire. The other injuries have been caused by blunt object.Further submission is that co-accused Dharmendra, Munnaiya and Malik Singh have been granted bail by this Court by order dated 23.1.2019 in Criminal Appeal No. 5248 of 2018. Further submission is that due to heavy pendency of appeals, there is no chance of early hearing of this appeal. Further submission is that accused-appellant is languishing in jail since 20.8.2018.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record.
Considering the facts and circumstances of the case and that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.
Let the appellant-Titu Singh convicted in S.T. No. 145 of 2012, arising out of Case Crime No. 31 of 2006, under sections 307, 323 and 504 IPC, P.S. Binwar, District Hamirpur, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.
As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.
List the appeal for hearing in due course.
Order Date :- 30.4.2019
RCT/-
